ORDINANCE NO. Draft 4/3/14

Transcription

1 ORDINANCE NO. AN ORDINANCE AMENDING THE LEE COUNTY LAND DEVELOPMENT CODE, CHAPTERS 10, 14, 22, 30, 32, 33, 34, AND APPENDIX I TO PROVIDE A NEW MAP 17 DEPICTING THE BOUNDARIES OF NORTH CAPTIVA AND UPPER CAPTIVA. THE PROPOSED AMENDMENTS WILL: ADD PROVISIONS TO ALLOW DOGS IN OUTDOOR SEATING AREAS OF RESTAURANTS CONSISTENT WITH F.S ; ADOPT THE LEHIGH ACRES HOMESTEAD ROAD COMPACT COMMUNITY ACTIVITY CENTER REGULATING PLAN; ADOPT LAND DEVELOPMENT CODE REGULATIONS SPECIFIC TO UPPER CAPTIVA, INCLUDING PUBLIC INFORMATIONAL MEETINGS, VEHICLES ON PATHWAYS AND BEACHES, OUTDOOR LIGHTING, OPEN SPACE / LANDSCAPING / REQUIREMENTS FOR BRAZILIAN PEPPER ERADICATION BY JANUARY 1, 2021, AND OTHER STANDARDS DESIGNED SPECIFICALLY FOR UPPER CAPTIVA; CREATES AN OPTION FOR ELIGIBILITY TO PARTICIPATE IN BONUS DENSITY PROGRAM; COMBINE AND CONDENSE COMMUNITY FACILITIES ZONING DISTRICTS; AND CLARIFY AND REVISE EXISTING TEXT AND ELIMINATE REDUNDANT TEXT. THE SPECIFIC LDC PROVISIONS THAT WILL BE AMENDED ARE: SEC (EXCAVATIONS); SEC (SURFACE WATER MANAGEMENT PERMIT REQUIRED; DEVELOPMENT STANDARDS); SEC (SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL DEVELOPMENTS); SEC (PLANNING COMMUNITY REGULATIONS); SEC (SPECIAL CERTIFICATE OF APPROPRIATENESS); SEC (PLANNING COMMUNITY REGULATIONS); SEC (ADOPTED COMPACT COMMUNITY PLANS); SEC (PROHIBITED SIGNS); SEC (MODEL HOMES); SEC (PROHIBITED SIGNS); SEC (COMPACT COMMUNITIES/PLANNED DEVELOPMENTS); SEC (APPLICABILITY); SEC (APPLICABILITY); SECTION (COMMUNITY REVIEW); SEC (APPLICATIONS REQUIRING COMMUNITY REVIEW); SEC (DEFINITIONS); SEC (PROHIBITED VEHICLES ON UPPER CAPTIVA); SEC (USE OF AUTHORIZED VEHICLES ON UPPER CAPTIVA); SEC (RESPONSIBILITY TO DISTRIBUTE REGULATIONS); SEC (PURPOSE); SEC (DEFINITIONS); SEC (APPLICABILITY); SEC (EXEMPTIONS); SEC (SUBMITTALS); SEC (OUTDOOR LIGHTING STANDARDS); SEC (BRAZILIAN PEPPER ERADICATION); SEC (DEFINITIONS); SEC (COMPLIANCE WITH SPECIFIC PLANNING COMMUNITY REQUIREMENTS); SEC (GENERAL PROCEDURE FOR APPLICATIONS REQUIRING PUBLIC HEARING); SEC (ADDITIONAL REQUIREMENTS FOR APPLICATIONS REQUIRING 1

2 PUBLIC HEARING); SEC (EMPLOYMENT OF PLANNED DEVELOPMENT DESIGNATION); SEC (USE ACTIVITY GROUPS); SEC (GENERAL PURPOSE AND INTENT); SEC (GENERAL REGULATIONS); SEC (PURPOSE AND INTENT); SEC (SUBDISTRICTS AND SUBTYPES); SEC (APPLICABILITY OF USE AND PROPERTY DEVELOPMENT REGULATIONS; PROHIBITED USES); SEC (APPLICABILITY); SEC (RECREATIONAL VEHICLES AS PERMANENT RESIDENCES); SEC (TIEDOWNS AND EMERGENCY SHELTERS); SEC (LOCATION); SEC (TOTAL LOT COVERAGE); SEC (ACCESSORY STRUCTURES AND ADDITIONS); SEC (UTILITY ROOMS AND ENCLOSURES); SEC (ADDITIONS TO RECREATIONAL VEHICLES); SEC (STORAGE FACILITIES FOR UNOCCUPIED RECREATIONAL VEHICLES); SEC (USE REGULATIONS TABLE); SEC (PROPERTY DEVELOPMENT REGULATIONS TABLE); SEC (PURPOSE AND INTENT); SEC (APPLICABILITY OF USE AND PROPERTY DEVELOPMENT REGULATIONS); SEC (USE REGULATIONS TABLE); SEC (PROPERTY DEVELOPMENT REGULATIONS TABLE); SEC , (COMMERCIAL USE REGULATION TABLE); SEC (USE REGULATIONS TABLE); SEC (USE REGULATIONS TABLE); SEC (RECREATIONAL VEHICLE PLANNED DEVELOPMENTS PROPERTY DEVELOPMENT REGULATIONS); SEC (SWIMMING POOLS, TENNIS COURTS, PORCHES, DECKS AND SIMILAR RECREATIONAL FACILITIES); SEC (ACCESSORY STRUCTURES IN RECREATIONAL VEHICLE DEVELOPMENTS. RESERVED); SEC (VARIANCES OR DEVIATIONS); SEC (ASSISTED LIVING FACILITIES); SEC (THE BONUS DENSITY PROGRAM); SEC (PROCEDURE TO APPROVE DENSITY INCREASES); SEC (DENSITY LIMITATION FOR CAPTIVA ISLAND); SEC (PARKING SPACE DIMENSION, DELINEATION, ANGLE AND AISLE WIDTH); SEC (REQUIRED PARKING SPACES); SEC (USE AS PERMANENT RESIDENCE); SEC (GENERALLY. SUBORDINATE USES); SEC (SUBORDINATE COMMERCIAL USES FOR MOBILE HOME OR RECREATIONAL VEHICLE DEVELOPMENTS); SEC (SUBORDINATE COMMERCIAL USES); SEC (DOGS IN OUTDOOR SEATING AREAS OF RESTAURANTS); SEC (LOT OF RECORD DEFINED; GENERAL DEVELOPMENT STANDARDS); WHEREAS, Florida Statutes Section (1)(h) authorizes counties to establish, coordinate, and enforce zoning regulations necessary for the protection of the public; and, WHEREAS, the Board of County Commissioners adopted the Lee County Land 2

3 Development Code which contains regulations applicable to the development of land in Lee County; and, WHEREAS, the Board of County Commissioners of Lee County, Florida, has adopted a comprehensive Land Development Code (LDC); and, WHEREAS, Goal 24 of the Lee County Comprehensive Land Use Plan (Lee Plan) mandates that the County maintain clear, concise, and enforceable development regulations that fully address on-site and off-site development impacts, yet function in a streamlined manner; and, WHEREAS, the Board of County Commissioners has adopted a community plan for North Captiva (Upper Captiva), codified under Goal 25 of the Lee County Comprehensive Plan (Lee Plan); and WHEREAS, Policy states the community will draft and submit Land Development Code regulations for Lee County to review and consider, based upon the unique nature of the community, its status as a bridgeless barrier island, the limitations on supporting infrastructure, and the seasonal nature of the demand upon public facilities; and WHEREAS, Policy states that the owner or agent for any rezoning, variance or special exception request must conduct at least one public informational meeting where the owner or agent will provide a general overview of the project and answer questions from interested citizens; and WHEREAS, Policy states that except for emergency events, public purposes, approved community needs, and permitted heavy construction equipment, internal combustion powered vehicles are banned from all pathways; and WHEREAS, Policy states that the location of North Captiva provides a view of the night sky that is virtually unparalleled in Lee County and that the community will develop land development regulations for the County to review and consider that would be applicable to exterior residential and commercial lighting as a means to limit light pollution, light trespass, and its potential detrimental effects on wildlife to the greatest extent possible; and WHEREAS, Objective 25.3 is to preserve, protect, and enhance natural resources, wildlife habitat, and natural beauty by maintaining diverse and healthy native vegetation, clear offshore waters, diverse and abundant native marine life, wildlife resources, and by minimizing harm resulting from human activity; and WHEREAS, the Brazilian pepper (Schinus terebinthifolius, occasionally known as Florida holly) is classified by the Florida Exotic Pest Plant Council as a Category 1 invasive exotic that alters native plant communities by displacing native species and changing ecological functions and the Brazilian pepper tree is also listed as a noxious 3

4 weed by the Florida Department of Agriculture & Consumer Services and this rapidly colonizing weed, is a public nuisance; and WHEREAS, Goal 24 of the Lee Plan mandates that the County maintain clear, concise, and enforceable development regulations that fully address on- site and offsite development impacts, yet function in a streamlined manner; and WHEREAS, the North Captiva (Upper Captiva) community plan includes policies that should be implemented through amendments to the Lee County Land Development Code; and WHEREAS, the Board of County Commissioners, through the creation of LDC Chapter 33, has been centralizing LDC provisions that are applicable only to certain unincorporated communities within the County; and WHEREAS, a new Article VII of LDC Chapter 33 would provide centralized regulations designed specifically for the Upper Captiva portion of North Captiva Island that will respond to the Lee Plan policies and objectives under Goal 25, take into account the unique characteristics of the community, and be readily understood and uniformly applied; and WHEREAS, Lee Plan Policies , , and require county staff and private citizen committees to review existing development regulations to determine whether the regulations can be further fine tuned and streamlined in order meet the Goals, Objectives, and Policies of the Lee Plan; and WHEREAS, pursuant to the Board of County Commissioners direction on multiple occasions, specific amendments were directed to be brought forward before the next round of LDC Amendments; and, WHEREAS, the Land Development Code Advisory Committee (LDCAC) was created by the Board of County Commissioners to explore amendments to the LDC; and, WHEREAS, the LDCAC has reviewed the proposed amendments to the LDC on,, and and recommended approval of the proposed amendments as modified; and, WHEREAS, the Executive Regulatory Oversight Committee reviewed the proposed amendments to the Code on,, and and recommended their adoption; and, WHEREAS, the Local Planning Agency reviewed the proposed amendments on, and found them consistent with the Lee Plan, as indicated. 4

5 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA: SECTION TWO: AMENDMENT TO LDC CHAPTER 10 Lee County Land Development Code Chapter 10 is amended as follows with strike through identifying deleted text and underline identifying new text. Chapter 10 DEVELOPMENT STANDARDS ARTICLE III. DESIGN STANDARDS AND REQUIREMENTS DIVISION 3. SURFACE WATER MANAGEMENT Sec Excavations. (a) remains unchanged. (b) Excavation types and required approvals. Excavation are generally constructed either for mining operations, for stormwater retention or as a development site amenity. Table 1 summarizes the various types of excavations and the permits and approvals required for each excavation type. TABLE 1 TYPES OF EXCAVATIONS, REGARDLESS OF SIZE, AND THE PERMITS AND APPROVALS REQUIRED FOR EACH EXCAVATION TYPE Excavation Type Excavations for an agricultural use or as an amenity to a single-family residence. Excavated Materials Destination ON-SITE OR less than 1,000 cubic yards of material to be moved off-site. OFF-SITE Between 1,000, but less than 10,000 cubic yards to be moved off-site OFF-SITE - 10,000 or more cubic yards to be moved off-site. Permits/Approvals Required 1 Notice of Intent to Commence Water Retention Excavation Application. Type A Limited Review Development Order. 1. Type 12 D Limited Review Development Order; 2. SFWMD permit (if applicable); and 3. An approved Excess Spoil Removal Plan 1. Type 12 D Limited Review Development Order; 2. SFWMD permit (if applicable); and 3. Either a) an approved "Excess Spoil Removal Plan"; OR b) Planned Development Zoning with "excess spoil removal" as an approved use or, in conventional zoning districts that permit excavation for water retention, a special exception for excess spoil removal. The decision as to whether a) or b) above will be required will be determined by the director, based on conditions specified in subsection (c)(3). Development project - ON-SITE 1. Development Order; and 5

6 stormwater retention, i.e. lakes and ponds, etc. where the material to be moved off-site qualifies as "Surplus material" or "excess material". 2. SFWMD permit (if applicable) OFF-SITE Material to be moved off-site is less than 20,000 cubic yards in volume. 1. Development Order; and 2. SFWMD permit (if applicable); 3. An approved "Excess Spoil Removal Plan"; OFF-SITE Material to be moved off-site is 20,000 or more cubic yards in volume. 1. Development Order; and 2. SFWMD permit; and 3. Either a) an approved "Excess Spoil Removal Plan"; OR b) Planned Development Zoning with "excess spoil removal" as an approved use or, in conventional zoning districts that permit excavation for water retention, a special exception for excess spoil removal. The decision as to whether a) or b) above will be required will be determined by the Director, based on conditions specified in subsection (c)(3). 1 The requirements for planned developments with excess spoil removal as an approved use General requirements for all excavation activities are specified in Chapter 34, Article VII, Division 15., Subdivision II. Where the primary use of the site is related to mine activity, an MEPD approval must be obtained under chapter 12 prior to removal of materials from the site. (c) Procedures: (1) Projects where spoil materials to be kept on-site or where less than 1,000 cubic yards of excess spoil will be moved off-site. a. Notice Approval required. A property owner must submit a notice of intent to commence excavation to the Director of Development Services obtain a Type A Limited Review Development Order when proposing any excavation that: 1. Is accessory to a single-family residence or is for an agricultural purpose and is located in an AG Agricultural zoning district; AND 2. Will keep the excavated materials on the same site or proposes to move less than 1,000 cubic yards of excess material off-site; AND 3. Does not include blasting. (See section ) b. Notice Application content. The notice Limited Review Development Order application must contain the following information: 1. The STRAP number and location of the property; 2. The name of the owner and signature of the owner authorizing the excavation; 3. A site plan showing the proposed location of the excavation relative to all property lines, easements, rights-of-way, and 6

7 existing and proposed structures; the proposed slopes, maximum depth and the controlled water depth of the excavation; and the location, distribution and method of stabilization of the excavated spoil; 4. The proposed date of commencement, which may not be less than ten days from the date of the submittal; and 5. An affidavit that the excavation will be in compliance with the setback, depth, and bank slope requirements set forth in subsection (d). DIVISION 10. LAKES REGIONAL PARK WATERSHED Sec standards. Surface water management permit required; development (a) through (c) remain unchanged. (d) On-site aboveground drainage detention/retention areas must meet the following additional requirements: (1) Side slopes are required to be no steeper than four to one (horizontal to vertical) from one foot above the control elevation out to a depth of two feet below the control elevation, or an equivalent substitute. Side slopes must be topsoiled, nurtured or planted from two feet below to one foot above the control elevations to promote vegetative growth. Bulkheads are limited to 40 percent of the length of the shoreline with compensating littoral zone provided. (2) through (3) remain unchanged. ARTICLE IV. DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND DEVELOPMENTS Sec Site design standards and guidelines for commercial developments. (a) through (d) remain unchanged. [(e)](f) Parking lot interconnections. Adjacent commercial uses must provide parking lot interconnections for automobile traffic. Interconnections are not intended to satisfy the criteria for site location standards as outlined in Lee Plan Policy 6.1.2(5). [(f)](g) Project entrance. (1) through (4) remain unchanged. 7

8 SECTION TWO: AMENDMENT TO LDC CHAPTER 14 Lee County Land Development Code Chapter 14 is amended as follows, with strike through identifying deleted text and underlining identifying new text. Chapter 14 Environment and Natural Resources ARTICLE I. IN GENERAL Sec Planning community regulations. Activities in the following communities must also comply with the regulations set forth in chapter 33 pertaining to the specific community. (a) (b) (c) (d) (e) (f) (g) (h) Estero Planning Community. Greater Pine Island. Page Park. Caloosahatchee Shores. Lehigh Acres. North Fort Myers. Matlacha. Upper Captiva. Balance of provisions remains unchanged. SECTION THREE: AMENDMENT TO LDC CHAPTER 22 Lee County Land Development Code Chapter 22 is amended as follows with strike through identifying deleted text and underline identifying new text. Chapter 22. HISTORIC PRESERVATION ARTICLE II. ADMINISTRATION AND ENFORCEMENT DIVISION 3. CERTIFICATE OF APPROPRIATENESS Sec Special certificate of appropriateness. (a) through (c) remain unchanged. 8

9 (d) (e) Action of historic preservation board. The historic preservation board shall will meet and act upon an application for a special certificate of appropriateness on or within 70 calendar days from the date the application and materials adequately describing the proposed action are received. The historic preservation board shall will approve, deny or approve the special certificate of appropriateness with conditions, subject to the acceptance of the conditions by the applicant, or suspend action on the application for a period not to exceed 35 calendar days in order to seek technical advice from outside sources or to meet further with the applicant to revise or modify the application. Failure of the historic preservation board to act upon an application on or within 70 calendar days (if no additional information is required) or 105 calendar days (if additional information is required by the historic preservation board) from the date the application was received shall will result in the immediate issuance of the special certificate of appropriateness applied for, without further action by the historic preservation board. This section does not preclude an applicant from requesting, and the historic preservation board from approving, continuances beyond the time frames contained in this section. However, if an applicant obtains continuances from the historic preservation board beyond the time frames specified in this section, then the applicant will be precluded from seeking an automatic approval by the historic preservation board on the grounds that the historic preservation board did not act within the specified time frames. remains unchanged. SECTION FOUR: AMENDMENT TO LDC CHAPTER 30 Lee County Land Development Code Chapter 30 is amended as follows with strike through identifying deleted text and underline identifying new text. Chapter 30. SIGNS ARTICLE II. ADMINISTRATION AND ENFORCEMENT Sec Planning community regulations. Applications and permit approvals for signs and sign structures associated with projects located in the following planning communities must also comply with the regulations set forth in Chapter 33 pertaining to the specific planning community. (a) (b) (c) (d) (e) Estero Planning Community. Greater Pine Island. Page Park. Caloosahatchee Shores. Lehigh Acres. 9

10 (f) (g) (h) North Fort Myers. Matlacha. Upper Captiva. Balance of provisions remains unchanged. SECTION FIVE: AMENDMENT TO LDC CHAPTER 32 Lee County Land Development Code Chapter 32 is amended as follows with strike through identifying deleted text and underline identifying new text. Chapter 32. COMPACT COMMUNITIES ARTICLE VI. COMPACT COMMUNITIES THROUGH OPTIONAL REGULATING PLANS. Sec Adopted Compact Community Plans. The following plans identified in Figures 1 through 7 have been adopted and may be utilized in accordance with this Article. Minor changes may be approved per LDC Sec (b). Additional plans may be adopted by amendments to this Article and adoption of Compact Community Regulating Plans by the Lee County Board of County Commissioners. Figure 1 North Fort Myers Town Center Conceptual Regulating Plan Figure 2 North Fort Myers Town Center Detailed Regulating Plan Figure 3 North Fort Myers Town Center Illustrative Site Plan (non-binding) Figure 4 Lehigh Acres Downtown Activity Center Conceptual Regulating Plan Figure 5 Lehigh Acres Downtown Activity Center Detailed Regulating Plan Figure 6 - Lehigh Acres Admiral Lehigh Neighborhood Activity Center Conceptual Regulating Plan Figure 7 Lehigh Acres Admiral Lehigh Neighborhood Activity Center Detailed Regulating Plan Figure 8 Lehigh Acres Community Activity Center Conceptual Regulating Plan Figure 9 Lehigh Acres Community Activity Center Detailed Regulating Plan 10

11 11

12 12

13 SECTION SIX: AMENDMENT TO LDC CHAPTER 33 Lee County Land Development Code Chapter 33 is amended as follows with strike through identifying deleted text and underline identifying new text. Chapter 33 PLANNING COMMUNITY REGULATIONS ARTICLE V. LEHIGH ACRES PLANNING COMMUNITY DIVISION 2. COMMERCIAL DESIGN STANDARDS AND SPECIFICATIONS Sec Prohibited signs. Subdivision III. Signs Unless a deviation or variance is granted, the The following types of signs are prohibited. No variances or deviations are permitted from this section. (1) through (8) remain unchanged. Sec Model homes. (a) through (b) remain unchanged. DIVISION 3. SPECIFIC USE STANDARDS Subdivision I. Model Homes (c) The following regulations will apply to redevelopment of model homes: (1) Permitted uses. The following uses may be approved for a model home through the special exception process. These uses are in addition to the uses permitted by right or permitted by special exception in the RS-1 zoning district. Other uses are subject to approval through a planned development in accordance with chapter 34, article IV. Remainder of Section is unchanged. ARTICLE VII. CALOOSAHATCHEE SHORES PLANNING COMMUNITY DIVISION 2. DESIGN STANDARDS Subdivision III. Signs 13

14 Sec Prohibited signs. (a) Unless a deviation or variance is granted, the The following signs are prohibited within the Caloosahatchee Shores Planning Community. No variances or deviations are permitted from this section. (1) through (10) remain unchanged. ARTICLE VIII. NORTH FORT MYERS PLANNING COMMUNITY DIVISION 1. GENERALLY Sec Reserved. Compact communities/planned developments. Rezoning within the centers and corridors listed in Chapter 32, Article VII, section , are limited to Compact Communities per Chapter 32 or Planned Developments or amendments to existing Planned Developments per Chapter 34. Special exceptions, deviations, and variances may be pursued utilizing the process per Chapter 10 or Chapter 34. DIVISION 3. COMMERCIAL CORRIDOR LAND DEVELOPMENT PROVISIONS Sec Applicability. Subdivision I. Generally Scope. The provisions of division 3 apply to all commercially zoned properties with frontage on, or contiguous to and developed in conjunction with properties with frontage on, the following roadways within the North Fort Myers Planning Community: (a) through (e) remain unchanged. Except that areas located within neighborhood centers, or the town center. or within commercial corridors that are designated mixed use overlay on the Special Treatment Areas Map, Lee Plan Map 1, Page 6 of 6. Sec Applicability. ARTICLE X. UPPER CAPTIVA DIVISION 1. IN GENERAL The provisions of this article apply to all land located within Upper Captiva, which lies north and west of the state park on the island of North Captiva, as depicted on Map 17 in Appendix I. 14

15 In the event of a conflict with any other section of this Land Development Code, such as those related to sea turtle nesting habitat (sections and 14-79), the more stringent requirement shall apply. Section Community Review Meeting requirements. The applicant is responsible for providing the meeting space, notice of the meeting, and security measures as needed. The meeting must be held within the Upper Captiva planning area. The specific meeting location will be determined by the applicant. Meetings may, but are not required to, be conducted before non-county formed boards, committees, associations, or planning panels. During the meeting, the agent will provide a general overview of the project for any interested citizens. Subsequent to this meeting, the applicant must provide County staff with a meeting summary document that contains the following information: the date, time, and location of the meeting; a list of attendees; a summary of the concerns or issues that were raised at the meeting; and a proposal for how the applicant will respond to any issues that were raised. The applicant is not required to receive an affirmative vote or approval of citizens present at the meeting. This meeting must be held after the application has been filed. The applicant will provide notice to the Upper Captiva community no less than 10 days before the meeting by placing signs or posters in public places, by circulating a notice to the broadest list available, and by submitting a notice for posting on the community website. The applicant must also provide the meeting summary to the Upper Captiva community for the purpose of posting on the community website and on any appropriate Lee County government document clearinghouse. Sec through Reserved. Sec Applications requiring community review. The owner or agent applying for the following types of county approvals must have a community review prior to obtaining a finding of sufficiency. (1) Planned development zoning actions. This includes administrative deviations amending the approved master concept plan or other provisions of the applicable zoning resolution. (2) Special exception and variance requests. These requests will be decided by the hearing examiner. (3) Conventional rezoning actions. Sec through Reserved. 15

16 DIVISION 3. VEHICLES ON PATHWAYS AND BEACHES NOTE: County staff does not recommend adopting Division 3. Vehicles on Pathways and Beaches. This Division is not a land development regulation and is difficult to enforce. Staff recommends that it be removed. The Land Development Code Advisory Committee, Executive Regulatory Oversight Committee, and Local Planning Agency voted to not move Division 3 forward for adoption. Sec Definitions. The following definitions are in addition to those set forth in other portions of this Code and are applicable to the provisions contained in this division only. If, when construing the specific provisions contained in this division, these definitions conflict with definitions found elsewhere in this Code, then the definitions set forth below will control. Otherwise the definitions contained elsewhere in this Code will control. If a term is not defined, the term must be given its commonly understood meaning unless there is a clear indication of an intent to construe the term differently from its commonly understood meaning. Golf cart means a motor vehicle that meets the definition of golf cart in F.S , which defines golf carts as a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. Electric vehicle means a vehicle that meets the definition of electric vehicle in F.S Electric vehicles are powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, or other sources of electrical current. Electric golf cart means an electrically powered motor vehicle that meets the definition of golf cart in F.S Internal combustion powered vehicle means any motor vehicle that is propelled by an engine that is fueled by an on-board supply of liquid or gaseous fuel. Low-speed vehicle means an electrically powered motor vehicle that meets the definition of low-speed vehicle in F.S Low-speed vehicles are electric vehicles with a top speed of no more than 25 miles per hour. A neighborhood electric vehicle is also considered a low-speed vehicle. Pathway means any access easement, road, or street on Upper Captiva regardless of ownership or maintenance responsibility. 16

17 Sec Prohibited vehicles on Upper Captiva. Except for emergency events, public purposes, approved community needs, and permitted heavy construction equipment, internal combustion powered vehicles are banned from all pathways on North Captiva. (a) Except where otherwise allowed, any motor vehicle with a speed capacity faster than 25 MPH or with a weight above 1,800 pounds. (b) All motorized vehicles are prohibited from all beach areas, with the following exceptions: (1) Research or patrol vehicles may be used by authorized permittees of the Florida Fish & Wildlife Conservation Commission or the Florida Department of Environmental Protection, law enforcement officers, EMS and firefighters, and participants in scientific monitoring pursuant to section (2) A wheelchair or other conveyance for a person with a disability may be used by the person with the disability. Sec Use of authorized vehicles on Upper Captiva. The following types of vehicles are authorized to be used on Upper Captiva pathways, provided drivers comply with island signage. (1) Electrically powered golf carts with a maximum speed capacity of 25 MPH and a maximum weight of 1,800 pounds. (2) Electrically powered vehicles with a maximum speed capacity of 25 MPH and a maximum weight of 1,800 pounds. (3) Internal combustion powered lawn mowing equipment (4) Internal combustion or electrically powered fire suppression vehicles and related equipment (5) Internal combustion or electrically powered heavy construction equipment (6) Internal combustion or electrically powered vehicles and equipment necessary for emergency events (7) Internal combustion or electrically powered research or patrol vehicles used by authorized permittees of the Florida Fish & Wildlife Conservation Commission or the Florida Department of Environmental Protection, law enforcement officers, EMS and firefighters, and participants in scientific monitoring. 17

18 Sec Responsibility to distribute regulations. Rental properties supplying approved vehicles, and any entity that rents or leases approved vehicles, must provide lessees with a packet of these code sections regardless of whether the vehicle is separately paid for or made available for complimentary use. Sec through Reserved. Sec Purpose. DIVISION 4. OUTDOOR LIGHTING The purpose of this division is to regulate outdoor lighting in public and private places in order to reduce or prevent light pollution or light trespass and to preserve the vision enjoyment of the night sky on Upper Captiva. Sec Definitions. The following definitions are in addition to those set forth in other portions of this Code and are applicable to the provisions contained in this division only. If, when construing the specific provisions contained in this division, these definitions conflict with definitions found elsewhere in this Code, then the definitions set forth below will control. Otherwise the definitions contained elsewhere in this Code will control. If a term is not defined, the term must be given its commonly understood meaning unless there is a clear indication of an intent to construe the term differently from its commonly understood meaning. Accent lighting means any directional lighting which emphasizes a particular object or draws attention to a particular area. Light trespass means all visible light emitted by a luminaire that shines beyond the property on which the luminaire is installed where the point source of the light is visible at the ground level as measured 10 feet from property line. Sec Applicability. (a) All new outdoor luminaires and lighting fixtures installed on private and public property on Upper Captiva, including on docks and bulkheads, must comply with this division at time of development permit or no later than 5 years after the adoption of this code, whichever occurs first. (b) All new outdoor luminaires and lighting fixtures installed on private and public property on Upper Captiva, including on docks and bulkheads, must comply with this division at time of Certificate of Occupancy (CO) for a development permit. 18

19 (c) All existing outdoor luminaires and lighting fixtures installed on private and public property on Upper Captiva, including on docks and bulkheads, must comply with this division no later than January 1, (d) This division supplements the sea turtle lighting requirements found in article II of chapter 14 of this code. (e) This division does not apply to interior lighting. However, interior light from any structure that is visible outdoors will be subject to control by this division if it causes light trespass section (f) When an existing outdoor luminaire or fixture is replaced, the replacement must meet the requirements of this division. Sec Exemptions. The following sources of light are exempt from this division: (1) Temporary emergency lighting needed by firefighters, police officers, emergency work crews, etc. (2) Lights on approved vehicles. (3) Lights required by government agencies near airstrips or on communication towers. (4) Seasonal and special event decorations with individual lights in place up to 60 days per year. Sec Submittals. (a) Where a sea turtle lighting plan must be submitted to the county in accordance with section 14-76, the lighting requirements of this division must be shown on the same lighting plan, which must be submitted prior to the earlier of building permit or development order issuance. (b) Where a sea turtle lighting plan is not required by section 14-76, the lighting requirements of this division must be shown on a separate lighting plan, also submitted prior to the earlier of building permit or development order issuance. (c) The lighting plan required by this division must show the location, number, type, height, wattage, orientation, and shielding devices of all proposed exterior artificial light sources, including landscape lighting and all pole- and ground-mounted fixtures. Fixture cut sheets, catalog illustrations, and/or photometric data furnished by the manufacturer that shows the angle of light emission must also be provided. Additional information may be required to assess compliance with this division. Site lighting only will be shown and reviewed on the development order and inspected at time of certificate of compliance. Building lighting will be shown and reviewed on the building permit plans and inspected at time of certificate of occupancy. 19

20 (d) A county-approved lighting plan is required before a development order and building permit will be issued. All lighting installed must be inspected and be in compliance with the approved lighting plans before a certificate of occupancy and certificate of compliance will be issued by the county. Sec Outdoor lighting standards. The following standards apply to outdoor lighting on Upper Captiva in addition to the sea turtle lighting standards found in article II of chapter 14 of this code and the outdoor lighting standards found in chapter of this code. (1) All outdoor lighting, including lighting on docks and bulkheads, must be designed, installed, located, and maintained to be hooded, shielded, and/or aimed downward. a. Examples of acceptable and unacceptable shielding and hooding are shown in Figures 1 through 3. b. The hood or shield must mask the direct horizontal surface of the light source, or the light must be aimed to insure that the illumination is only pointing downward onto the ground surface, with no escaping light permitted to contribute to sky glow by shining upward into the sky. (2) Bright light shining onto adjacent property or pathways is not permitted. Light trespass beyond property boundaries or above the horizontal plane is a violation of this division. (3) Accent lighting, when approved pursuant to (c), must be directed downward onto the building or object and not toward the sky or onto adjacent properties. Direct light emissions may not be visible above the roof line or beyond the building edge. (4) Spotlighting on landscaping and foliage must be shielded and must not spill onto adjacent property. (5) When this division would otherwise require the replacement of an existing outdoor luminaire or fixture, the existing fixture may instead be adapted to comply by adding a properly designed hood or shield or by pointing any upward-mounted, shielded fixture downward onto the ground. (6) Fixtures affixed to poles, trees, and other structures must be no more than 15 feet above grade, shielded, and directed downward. The resulting emitted light must not spill onto adjacent property. 20

21 Figure 1 21

22 Figure 2 22

23 Figure 3: Examples of acceptable fixtures 23

24 DIVISION 5. OPEN SPACE, LANDSCAPING, AND INVASIVE EXOTIC VEGETATION Sec Brazilian Pepper Eradication The Brazilian pepper (Schinus terebinthifolius)must be entirely eradicated from all real property, including easements, rights-of-way, and common area tracts. The eradication of the Brazliian pepper must be completed prior to issuance of Certificate of Compliance (CC), issuance of a Certificate of Occupancy (CO) or by January 1, 2021, whichever comes sooner. All property must be maintained free of Brazilian pepper in perpetuity once it has been eradicated. SECTION SEVEN: AMENDMENT TO LDC CHAPTER 34 Lee County Land Development Code Chapter 34 is amended as follows with strike through identifying deleted text and underline identifying new text. Chapter 34. ZONING Sec Definitions. ARTICLE I. IN GENERAL Gasoline dispensing system, special means a gasoline dispensing system which is card-operated for governmental or commercial entities only in accordance with the provisions of chapter 4A-16, part VI, "Service Stations," of the Florida Administrative Code. Non-transient park means a recreational vehicle development designed, intended or used for long term longterm (six months or longer) emplacement of a recreational vehicle on recreational vehicle sites that are lawfully subdivided, platted, recorded or otherwise approved by the Board of County Commissioners. Individual sites may be rented or leased, owned by individuals, or part of a condominium, cooperative or other similar arrangement. Permanent unit means any recreational vehicle (df), and any park-trailer, which that is intended to be left emplaced on a recreational vehicle site for six months or longer. Recreational vehicle means a recreational vehicle type unit defined in F.S (1)(b). It is primarily designed as temporary living unit quarters for recreational, camping or travel use, and has its own motive power or is mounted on or drawn by another vehicle. This definition will change to be consistent with changes to state law without amendment to this chapter. Types of recreational vehicles are: The definition of the term "recreational vehicle," as used in this chapter, is intended to change with statutory changes so as to be consistent with them. This definition also includes examples of the types of vehicles identified as recreational vehicles. If the state law is amended to delete or modify the basic entities defined in this subsection, the definitions 24

25 contained in this subsection will be deleted or modified accordingly. If the state law is amended to provide a new basic entity, then the definition of the new entity will automatically become a permitted recreational vehicle unit without having to amend this chapter. The basic entities are defined as follows: (1) Travel trailer, including fifth-wheel travel trailers, means a vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living unit quarters for recreational, camping or travel use. It has a body width of no more than 8 1/2 feet and an overall body length of no more than 40 feet when factory-equipped for the road. (2) through (6) remain unchanged. (7) Private motor coach means a vehicular unit which does not exceed the length, width, and height limitations provided in F.S (9), is built on a selfpropelled bus type chassis having no fewer than three load-bearing axles, and is primarily designed to provide temporary living unit for recreational, camping, or travel use. (8) Fifth-wheel trailer means a vehicular unit mounted on wheels, designed to provide a temporary living unit for recreational, camping, or travel use, of such size or weight as not to require a special highway movement permit, of gross trailer area not to exceed 400 square feet in the setup mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle s rear axle. Recreational vehicle park, existing developed means a parcel (or portion thereof) or abutting parcels of land, with conventional recreational vehicle district zoning, designed, used or intended to be used to accommodate two or more occupied recreational vehicles, and in which necessary utilities and streets and the final site grading or paving of concrete pads or vehicle stands was completed prior to September 16, Recreational vehicle park, new means parks granted County preliminary development orders subsequent to September 16, Recreational vehicle park, phased means a park, or portion of a park, which received site plan approvals preceding September 16, 1985, or was vested under the Lee Plan but has not committed to the construction of the facilities needed to be considered a developed recreational vehicle park as defined in this section. Recreational vehicle park resident, permanent means any person who currently owns and has resided at a specific address within a recreational vehicle park for a continuous period of over 12 months prior to September 16, Proof of residency will be established by and who filed an affidavit filed with the County by October 31,

26 Transient park means a recreational vehicle development designed, intended for or used for short term (less than 6 months) emplacement of a recreational vehicle on recreational vehicle sites that are lawfully subdivided, platted, recorded or otherwise approved by the Board of County Commissioners. Individual sites may be rented or leased, owned by individuals, or part of a condominium, cooperative or other similar arrangement. by relatively short-stay visitors (transient guests) who bring their recreational vehicle with them and remove it at the end of their visit. The individual recreational vehicle site is then ready for another visitor. Transient unit means a recreational vehicle camping trailer, truck camper, motor home or travel trailer which is brought to the recreational vehicle park by the user, and is removed from the park at the end of the user's visit. Sec Compliance with specific planning community requirements. If the subject property is located in one of the following communities, the owner/applicant will be required to demonstrate compliance with the requirements applicable to the specific community as outlined in chapter 33. (1) Estero Planning Community. (2) Greater Pine Island. (3) Page Park. (4) Caloosahatchee Shores. (5) Lehigh Acres. (6) North Fort Myers. (7) Matlacha. (8) Upper Captiva. Balance of provision remains unchanged. ARTICLE II. ADMINISTRATION DIVISION 6. APPLICATIONS AND PROCEDURES FOR CHANGES, PERMITS, INTERPRETATIONS AND APPROVALS Sec General procedure for applications requiring public hearing. (a) remains unchanged. 26

27 (b) Application submittal and official receipt procedure. The application procedure and requirements in this section apply to all applications for rezoning, special exceptions, and variances, except mine excavation planned developments under chapter 12. (1) remains unchanged. (2) No application may be accepted unless it is presented on the official forms provided by the Department, or on County approved computer-generated forms containing the same information. a. Forms must include but not be limited to disclosure forms for corporations, trusts and partnerships, and disclosure of information regarding contract purchases and their percentages of interest. b. Disclosure will not be required of any entity whose interests are solely equity interests which are regularly traded on an established securities market in the United States or another country. c. Disclosure forms, established by administrative code, must be included in the materials distributed to the Hearing Examiner and the Board of County Commissioners for all cases in which the Board of County Commissioners has the final decision. d. Subsections (b)(2)a. through c. of this section do not apply to County-initiated rezonings. (3) through (5) remain unchanged. Sec Additional requirements for applications requiring public hearing. (a) through (d) remain unchanged. (e) Special exceptions. Except for special exceptions that are Developments of County Impact (see section ), all applications for a special exception must, in addition to the requirements of sections (a) and (b), include the following: (1) through (3) remain unchanged. (4) Reserved. Temporary parking lot. If the request is for a temporary parking lot: a. The site plan must show all existing and proposed parking spaces and drives, both paved and unpaved, vehicle access points, and lighting, if any. b. An analysis indicating the need for the temporary parking lot, as well as the anticipated frequency of use must be submitted. c. If the temporary parking lot is off the premises of the principal use, plans for providing for traffic control and pedestrian safety must be submitted. (5) through (9) remain unchanged. 27

28 ARTICLE IV. PLANNED DEVELOPMENTS DIVISION 1. GENERALLY Sec Employment of planned development designation. (a) remains unchanged. (b) The Lee Plan provides that certain owner-initiated rezonings and special exceptions meeting specified thresholds will be reviewed as Developments of County Impact. The Development of County Impact thresholds are further categorized as major or minor planned developments as follows: (1) Major planned developments. a. through f. remain unchanged. g. Any cultural facility (section (c)(10)), recreational facility, commercial (section (c)(3818)), or park, group II (34-622(c)(32)) on ten or more acres of land; h. through n. remain unchanged. ARTIVLE VI. DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec Use activity groups. (a) through (b) remain unchanged. (c) Use activity groups are as follows: (1) through (12) remain unchanged. (13) Essential service facilities. Buildings or above-ground structures, exceeding 27 cubic feet in volume, required to provide essential services (defined in section 34-2), including electricity, communications, telephone, cable television, gas, water, sewage, solid waste and resource recovery. This does not include wireless communication facilities which are regulated by section et seq. GROUP I (section et seq.) Communications, telephone and electrical distribution facilities (up to 425 square feet in area and 10 feet in height) Electric substations Natural gas or water regulation stations Pumping stations (excluding above-ground water storage facilities) Solar panels Transmission or metering stations GROUP II through GROUP III remains unchanged. 28

29 (14) through (55) remain unchanged. (56) Wholesale establishments. This group includes establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. GROUP III. Indoor storage. Establishments primarily engaged in buying or selling, on a wholesale basis, durable or nondurable goods and petroleum and petroleum products (SIC 5172), excluding hazardous chemicals, petroleum products not specified herein, or explosives which are stored totally within a building. DIVISION 4. RECREATIONAL VEHICLE PARK DISTRICTS Subdivision I. In General Sec General purpose and intent. (a) The purpose and intent of the recreational vehicle park districts is to provide areas within the future urban areas to accommodate new developments for recreational vehicles, and to provide regulations for existing recreational parks which were lawfully established under state or County regulations prior to September 16, (b) It is the intent of this chapter that: (1) Except as provided for in sections (1) and , no recreational vehicle shall be used as a year round residence; (2) All new recreational vehicle development and all expansions to existing recreational vehicle developments shall be permitted only as recreational vehicle planned developments (see division 9 of this article); and (3) Any lawfully existing recreational vehicle development that cannot conform to any of the conventional recreational vehicle districts set forth in this division may apply for a recreational vehicle planned development so as to resolve issues of nonconformity on a development-wide rather than on an individual basis. Sec General regulations. The following regulations are applicable to all existing and new recreational vehicle parks: (1) Permanent residency prohibited. The use of a recreational vehicle type unit by a permanent resident as a permanent residence, as the terms are defined in F.S. ch. 196, is expressly prohibited as of September 16, Persons who have established permanent residency within a recreational vehicle park as of September 16, 1985, are exempt from the residency provisions of this section, provided that the proof of residency was established by an affidavit filed with the County prior to October 31, (2) Tiedowns. 29